PART 7Enforcement
Enforcement29
1
The enforcement authority for the purpose of compliance with these Regulations shall be the Department or any person authorised by the Department.
2
In ensuring compliance with these Regulations an authorised person may have regard to the Code of Good Agricultural Practice and any guidance produced on these Regulations.
3
An authorised person may exercise any of their functions to determine or ensure compliance with these Regulations.
Notices30
1
The Department may serve notice on any appropriate person—
a
who has custody or control of slurry, or any crop which is being made into silage, or of any silage, in circumstances in which these Regulations apply, requiring that person to carry out such works, take such precautions or take such other steps as are specified in the notice and which, in the opinion of the Department, are appropriate, having regard to any requirements of these Regulations in relation to that substance, for reducing to a minimum any significant risk of pollution of water in a waterway or underground strata arising from the custody or control of that substance; or
b
where the Department is of the opinion that the appropriate person is in breach or is likely to be in breach of these Regulations.
2
A notice served in accordance with paragraph (1) shall—
a
require the person upon whom it is served to carry out such works or to take such precautions and other steps as the Department specifies in the notice as appropriate to reduce to a minimum any significant risk of pollution of water in a waterway or underground strata arising from the custody or control of slurry, or any crop which is being made into silage, or of any silage, or to prevent any breach, to remedy any breach or to prevent the continuation or reception of any breach to which the notice relates;
b
subject to paragraph (3) state the period within which any such requirement is to be complied with; and
c
inform the person on whom the notice is served of their right to appeal in accordance with the procedure set out in regulation 31.
3
The period for compliance stated in the notice pursuant to paragraph (2)(b) shall be such as is reasonable in the circumstances and shall not in any case be less than 28 days from the day on which the notice is served.
4
Where an appeal is brought under regulation 31, the notice shall be of no effect pending the final determination or the withdrawal of the appeal.
5
The Department may at any time—
a
withdraw the notice;
b
extend the period for compliance; or
c
with the consent of the person on whom the notice is served, modify any requirement of the notice.
Appeals against notices requiring works etc.31
1
Any appropriate person upon whom a notice is served under regulation 30 may, within the period of 28 days from the day on which the notice is served, appeal in writing against the notice to the Appeals Commission.
2
Appeals under regulations 9(6), F130(2)(c) and 40(4) shall be determined by the Appeals Commission in accordance with the procedure pursuant to Article 293 of the Water and Sewerage Services (Northern Ireland) Order 2006 M1 and, for the purposes of appeals under these Regulations, references to the Department in Article 293 shall have the same meaning as under these Regulations.
Offences32
F21
It shall be an offence for the controller to fail to comply without reasonable excuse with regulation 4, 9(1), 17(1) or (3), 18, 25, 27(3), 40(3) or Schedule 8 except paragraph 4.
2
It shall be an offence for the appropriate person to fail to comply without reasonable excuse with regulation 7(3) or (4), 8(2), (3), (7), (8), (10), (11)(c) or (d), 20(3) or 21(5).
F33
It shall be an offence for the controller to fail to comply with regulation 9(5), 10, 11(1) or (2), 13(1), 14(1), 22, 27(1), (2), (3A) or (4), 28, 40(5) or paragraph 4 of Schedule 8.
F43A
It shall be an offence—
a
for the controller in relation to a derogated holding to fail to comply with regulation 16(1) or (4);
b
for the controller in relation to any other holding to fail to comply without reasonable excuse with regulation 16(1) or (4).
4
It shall be an offence for the appropriate person to fail to comply with regulation 7(1) or (2); 8(1), (4), (5), (6), (9), (11) or (12), 17(4), 19(1) or (6), 20(1) or (2), 21(1), (2), (4) or (6), 24(1), (2) or (6) or 26.
5
From 1st January 2020, it shall be an offence for the controller to fail to comply with regulation 12(1), (2) or (4), 13(3), 14(4) or 15(1).
6
From 1st February 2020, it shall be an offence for the appropriate person to fail to comply without reasonable excuse with regulation 8(13).
7
From 1st February 2021, it shall be an offence for the appropriate person to fail to comply without reasonable excuse with regulation 8(11)(a).
8
From 1st January 2022, it shall be an offence for the controller to fail to comply with regulation 15(2).
9
From 1st February 2022, it shall be an offence for the appropriate person to fail to comply without reasonable excuse with regulation 8(11)(b).
10
It shall be an offence for the appropriate period to fail to comply without reasonable excuse with any requirement of a notice issued under regulation 30.
Penalties33
Any person guilty of an offence under regulation 32 shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum together with a fine of an amount equal to one-tenth of that level for each day upon which the offence continues after the conviction; or
b
on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both.